PDF Download The Big Trial: Law as Public Spectacle

PDF Download The Big Trial: Law as Public Spectacle

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The Big Trial: Law as Public Spectacle

PDF Download The Big Trial: Law as Public Spectacle

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Review

"Friedman takes his analysis into current time, where he argues that the social changes and media developments have allowed the entertainment aspects of the didactic theater to overshadow its informative aspects."—Reviews in American History"Engaging from the beginning, at both a theoretical and a very explicit, sometimes even sensational level. Thoughtful and though provoking."—Choice"Lawrence M. Friedman, our legal historian with the widest range, explains the great variety in courtroom and related events that have attracted our attention in American history. His book is a must for anyone who becomes absorbed in a high-profile trial."—Robert A. Ferguson, George Edward Woodberry Professor in Law, Literature, and Criticism at Columbia Law School and author of the author of The Trial in American Life "Witty and engagingly written, The Big Trial sheds important light on the social functions of 'headline trials' in American history, both before and during the age of mass media. Professor Friedman compellingly shows how big trials educate the public, impart moral messages, and above all, entertain us."—Samantha Barbas, author of The Laws of Image

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About the Author

Lawrence M. Friedman is Marion Rice Kirkwood Professor at Stanford Law School. He is the author, among other works, of A History of American Law; The Legal System: A Social Science Perspective; Crime and Punishment in American History; and The Human Rights Culture.

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Product details

Hardcover: 224 pages

Publisher: University Press of Kansas (May 4, 2015)

Language: English

ISBN-10: 070062077X

ISBN-13: 978-0700620777

Product Dimensions:

5.8 x 1 x 8.7 inches

Shipping Weight: 1 pounds (View shipping rates and policies)

Average Customer Review:

4.6 out of 5 stars

3 customer reviews

Amazon Best Sellers Rank:

#1,215,625 in Books (See Top 100 in Books)

I’m always amazed when I read press accounts of cases I have either tried, or am in the midst of trying: the reporter’s gloss rarely reflects the complexity of the proceeding. Often, what’s reported is just plain wrong. But the public appetite for trial news appears to be insatiable. Why? My theory is Freudian: Trial is where we take the seven deadly sins – wrath, greed, sloth, pride, lust, envy, and gluttony – and put them on display. We identify with the accused at criminal trials: His sins are ours, only writ large; we could have done the same. The defendant must be punished or our self-restraint is mocked. Of course there are exceptions to this theory: Sometimes we identify with the alleged victim, demanding relief for him or her as though we ourselves suffered the injury. Civilization is a complex mystery. It is no wonder our discontent leaks out in morbid preoccupation with the sorrows of others. Lawrence M. Friedman’s latest book, The Big Trial: Law As Public Spectacle, is a scholarly treatment of our fascination with trials. Although he doesn’t adopt the Freudian point of view, he doesn’t contradict it either. In Friedman’s view, big trials are part entertainment and part teaching -- or, as he puts it more times than I can count, “didactic” – exercises. The boundaries of community norms are explored at trial. We teach one another what is, and what is not, to be tolerated. Studying trials are also useful social history: “Arguments and strategies in jury trials are windows into social stereotypes and norms, into what people think and believe,” Friedman writes. “They can help show us which norms, ideas, and attitudes pack the most punch, at various points in history.” His discussion of the Lizzie Borden case – she was acquitted for the murder of her father and step-mother in 1892 Fall River, Massachusetts -- prompted chilling memories of a classmates of mine in Chicago standing on my doorstep to chant:“Lizzie Borden had an axeShe gave her mother 40 whacks,When she saw what she had doneShe gave her father 41.”How did the tale of this double-murder find its way from Massachusetts to Chicago half a century later? Did the poem’s power to terrify me have anything to do with the fact that my father had recently disappeared? I knew about Lizzie Borden in a personal way before I ever learned of the crimes with which she was charged.The Internet is changing trial coverage by the media. There are websites, such as WildAboutTrial.com, dedicated to nothing but coverage of high-profile cases. Daily newspapers struggle to meet the demand for coverage – depressed budgets requires reporters do more with less.Should trials be televised? I say not. Watching another lawyer try a case is, for me, like watching ice melt on a cool October morning – I just won’t do it. I suspect most trial watchers don’t really pay attention from gavel to gavel. Television is a distraction to the participants, sometimes intimidating witnesses, other times emboldening them to seek their fifteen minutes of fame from the stand. Remember Kato from O.J.’s case? I love Friedman’s books. He’s written previously on the criminal justice system and on prisons. He’s a careful researched and has a scholar’s love of explanatory footnotes. If you are fascinated about why and how some trials go viral, why the general public adopts other people’s troubles as their own, read this brief and insightful little book. I liked it so much I will re-read it soon.

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Lawrence Friedman is perhaps the most respected, and certainly the most prolific, legal historian of our day. But he’s also a great storyteller; in fact, he writes detective fiction on the side. Not surprisingly then, The Big Trial makes for enjoyable reading even if one is skeptical of the author’s categorization of big trials as (for instance) “tabloid,” celebrity,” or “worm in the bud.”My own feeling is that big trials became big because they were (in the words of the Heath brothers) “sticky.” They combined aspects of simplicity, concreteness, and the unexpected in tales that could often be expounded at length and for profit. There’s little need for Friedman’s recourse to “suppressed desires” or “didactic theater” when big trials can be more easily explained by the rise of literacy, greatly expanded leisure time, and the opportunity for a host of people to make some money.

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The Big Trial: Law as Public Spectacle PDF

The Big Trial: Law as Public Spectacle PDF

The Big Trial: Law as Public Spectacle PDF

The Big Trial: Law as Public Spectacle PDF